TERMS OF USE
Uwho LLC (Uwho) provides the website www.Uwho.com (the Website) and its related
services to you subject to the following notices, terms and conditions ("Terms of
Use"). Please read these Terms of Use carefully BEFORE using the Website. Your continuing
access and/or use of this Website SIGNIFIES YOUR ACCEPTANCE TO THESE TERMS OF USE.
If at any time you do not agree to these Terms of Use, you should no longer use
the Website. Any additional terms and conditions proposed by you that are in addition
to or that conflict with these terms and conditions of service are expressly rejected
by Uwho and will be of no force or effect.
Any rights not expressly granted herein are reserved for Uwho.
MODIFICATIONS AND UPDATE
The most current version of these Terms of Use can be reviewed by clicking on the
Terms of Use link located at the bottom of the Website pages. These notices, terms
and conditions are subject to change in the sole and absolute discretion of Uwho.
All updates, enhancements, new features and or the addition of additional web properties
(in the form of additional web pages or websites) are immediately subject to these
terms and conditions. Your continued use of the Website constitutes your continued
acceptance to all such notices, terms and conditions as modified.
USE OF SITE
Uwho may, in its sole discretion and without notice, deny any person or company's
access to the Website or any portion of the Website. As a condition of your use
of this Website, you will not use the Website for any purpose that is unlawful or
prohibited by these Terms of Use. You may not use this Website in any manner that
could damage, disable, overburden, or impair any Uwho server or interfere with any
other party's use or enjoyment of the Website and services offered through the Website.
You may not attempt to gain unauthorized access to other's accounts, information,
computer systems or networks connected to the Uwho server or to any of the services
or products offered via the Website, through hacking, password mining or any other
means. You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available through the Website.
This Website, any portion of this Website and any software, products or services
obtained from the Website may not be decompiled, disassembled, reverse engineered,
uploaded, reproduced, modified, distributed, transmitted, duplicated, copied, sold,
resold, displayed, performed, published, licensed, used to create derivative works
from, transferred or otherwise exploited for any commercial purpose that is not
expressly granted by Uwho. Uwho reserves the right to refuse service, terminate
account(s), and/or cancel orders in its discretion, including, without limitation,
if Uwho believes that conduct violates applicable law, is harmful to the interests
of Uwho or its affiliates or for any other reason. Uwho further reserves the right
to pursue any legal action available against any user whose use violates the state,
federal, local law or these Terms of Use.
Availability of this Website or particular information or services presented in
this Website is subject to change without notice.
CHILDREN UNDER 13
Uwho does not direct its services to children under the age of 13 or knowingly collect
any personal information on children under the age of 13. You agree that: 1) you
are 13 years old or older, 2) you will not assist any person under 13 in posting
any materials, including but not limited to their personal information, on the Website,
and 3) you will not post any personal information on the Website regarding any person
who is under the age of 13.
MATERIALS YOU POST ON THE WEBSITE
You are solely responsible for all materials you post on the Website and the consequences
of posting or publishing such materials. You affirm, represent and/or warrant that:
(i) you own or have the necessary licenses, rights, consents and permissions to
use and authorize Uwho to use all patent, trademark, trade secret, copyright or
other proprietary rights in and to any and all materials you post on the Website
to enable inclusion and use of such materials in the manner contemplated by the
Website and these Terms of Service; and (ii) you have the written consent, release,
and/or permission of each and every identifiable individual person included in any
materials you post on the Website to use the name or likeness of each and every
such identifiable individual person to enable inclusion and use of the materials
you post on the Website in the manner contemplated by the Website and these Terms
of Service.
You further agree that you will not: (i) submit material that is copyrighted, protected
by trade secret or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant Uwho all of the license
rights granted herein; (ii) publish falsehoods or misrepresentations that could
damage Uwho or any third party; (iii) submit material that is unlawful, obscene,
defamatory, libelous, threatening, pornographic, harassing, hateful, racially or
ethnically offensive, or encourages conduct that would be considered a criminal
offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business: (v) impersonate another person.
Uwho does not endorse any materials posted on the Website by you or any third party,
nor any opinion, recommendation, or advice expressed in such materials. Uwho expressly
disclaims any and all liability in connection with materials you or others may post
on the Website.
Uwho does not condone copyright infringing activities and infringement of intellectual
property rights on the Website. Uwho also reserves the right to decide whether any
materials posted on the Website are appropriate and comply with these Terms of Service
for violations other than copyright infringement and violations of intellectual
property law, such as, but not limited to, pornography, obscene or defamatory material
or excessive length.
USER AKNOWLEDGEMENT AND INDEMNIFICATION
You understand that when using the Uwho Website that you may be exposed to postings
from a variety of sources, and that Uwho is not responsible for the accuracy, usefulness,
safety or intellectual property rights of or relating to such materials. You further
understand and acknowledge that by using the Website that you may be exposed to
materials that are inaccurate, offensive, indecent, or objectionable, and you agree
to waive, and hereby do waive, any legal or equitable rights or remedies you have
or may have against Uwho with respect thereto. You agree to indemnify and hold Uwho,
its owners, operators, affiliates, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your use of the Website.
Even though Uwho has no obligations to do so, Uwho may edit or delete content posted
to the Website that it deems objectionable in its sole judgment. You acknowledge,
however, that you are not relying on Uwho to remove any content from the Website
that you deem to be objectionable. In addition, you agree that you will not post
material on the Website that you would deem to be inaccurate, offensive, indecent
or objectionable. You also agree to abide by the terms of the
Uwho Code of Conduct.
CONTENT LICENSE
When you post any content on the Website, you grant Uwho a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right
to exercise the copyright, publicity and database rights you have in the content,
in any media known now or in the future. You agree that if you post any photograph,
name and/or image of yourself on the Website that Uwho shall have the unlimited
right to use such photograph, name and/or image (in whole or in part) in connection
with promoting, advertising, marketing and /or selling Uwho's services or other
products and services associated with the Website. Uwho's rights include, but are
not limited to, the right to reproduce, display, distribute, edit, alter and change
your photograph, image and any other materials you provide us in connection with
your use of the Website. You waive any claim of "moral rights" arising out of Uwho's
use of your photograph, name and/or image.
UNSOLICITED IDEA SUBMISSION POLICY
Neither Uwho nor any of its employees accept or consider unsolicited ideas, including
ideas for new advertising campaigns, suggestions, new promotions, new products or
technologies, concepts, ideas, notes, processes, materials, marketing plans, new
product names or other materials other than those it has specifically requested.
If you wish to retain excusive control over any materials or ideas, then do not
post them on the Website. The sole purpose of this policy is to avoid potential
misunderstandings or disputes if Uwho's or any third party's products or marketing
strategies might seem similar to ideas you have submitted through the Website. Please
understand that Uwho makes no assurances that your ideas and materials will be treated
as confidential or proprietary. Unless otherwise agreed, Uwho may edit, copy, publish,
distribute, translate, and otherwise use in any medium any such materials that you
post on the Website and will own exclusively all such rights, titles, and interest
and shall not be limited in any way in their use, commercial or otherwise. Uwho
is and shall be under no obligation to: (1) maintain any of your materials in confidence;
(2) pay to you or any user any compensation for any such materials; or (3) respond
to any of your or any other user's materials.
LINKS TO THIRD PARTY SITES
Uwho may contain links to other websites (Linked Sites). Linking to such Linked
Sites will let you leave the Website. The Linked Sites are not under the control
of Uwho and Uwho is not responsible for the contents of any Linked Site, including,
without limitation, any link contained in a Linked Site, or any changes or updates
to a Linked Site. Uwho does not endorse or make any representations about any Linked
Site, any information, software or other products or materials found in a Linked
Site, or any results that may be obtained from using these links. Uwho is providing
these links only as a mere convenience, and the inclusion of any link does not imply
endorsement by Uwho. If you decide to access any of the third party websites linked
from this Website, you do so entirely at your own risk.
LINKING TO UWHO
Linking to Uwho from another website (Linking Site) is only allowed under the following
conditions. A Linking Site may link to, but not replicate, Uwho's content. A Linking
Site shall not create a frame, browser or border environment to Uwho's content and
a Linking Site shall not imply that Uwho is endorsing it or its products. The Linking
Site shall not misrepresent the Linking Site's relationship with Uwho, shall not
provide false information about Uwho's products or services, and shall not unlawfully
use the copyrights or trademarks owned by Uwho or others. Linking Sites shall abide
by any and all applicable laws. Uwho may revoke any Linking Site's right to link
with the Website at any time and you will remove any such links under your control
immediately upon your receipt of a written request from Uwho to do so.
LIMITATION OF LIABILITY
THE WEBSITE AND ALL INFORMATION, CONTENT, SERVICES, GOODS, ADVERTISEMENTS, DOCUMENTS
AND RELATED GRAPHICS PROVIDED ON THE WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. Uwho MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE
OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO
THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, Uwho AND ITS AFFILIATES, OFFICERS,
DIRECTORS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. Uwho DOES NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR
EQUIPMENT OR THAT THE RELATED SERVICES THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS,
"TROJAN HORSES" OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS NOT LIABLE
FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. IN NO EVENT,
SHALL Uwho AND OR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF THIS WEBSITE OR SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION AVAILABLE FROM Uwho THROUGH THIS WEBSITE. Uwho DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND Uwho WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
RELEASE AND INDEMNIFICATION
If you have a dispute with one or more users of the Website, you release Uwho (and
our officers, directors, agents, subsidiaries, joint ventures and employees) from
claims, demands and damages (actual and consequential) of every kind and nature,
known and unknown, arising out of or in any way connected with such disputes. If
you are a California resident, you waive California Civil Code 1542, which says:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor." You will indemnify
and hold Uwho (and our officers, directors, agents, subsidiaries, joint ventures
and employees), harmless from any claim or demand, including actual attorneys' fees,
made by any third party due to or arising out of your breach of these Terms of Use,
or your violation of any law or the rights of a third party.
TRADEMARKS
"UWHO" and "ITS ALL ABOUT U" along with all logos, other trade names, trademarks,
services marks, whether registered or not, set forth on this Website are the sole
property of Uwho. Uwho's trademarks may not be used in connection with any product
or service that is not owned by Uwho in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits Uwho. Any trademarks
not owned by Uwho that appear on this Website are the property of their respective
owners and may not be used in connection with any product or service that is not
owned by the trademark owners in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits the trademark owners.
No Uwho trademarks may be copied, downloaded or otherwise exploited without the
permission of Uwho or the owner of such trademark, service mark or trade name, except
as explicitly permitted by the trademark owner.
EXPORT CONTROL
Unless otherwise specified, the materials on this Website are presented solely to
provide information regarding and to promote Uwho's services and other products
available in the United States, its territories, possessions and protectorates.
The Website is controlled and operated by Uwho from its offices within the Commonwealth
of Virginia, United States of America. Uwho makes no representation that materials
on the Service are appropriate or available for use outside the United States. Those
who choose to access the Website from outside the United States do so on their own
initiative and are responsible for compliance with local laws, if and to the extent
that local laws are applicable. Software from the Website is further subject to
United States export controls. No software from the Website may be downloaded or
otherwise exported or re-exported (A) into (or to a national or resident of) Cuba,
Iran, Libya, North Korea, Sudan or Syria, or any other country to which the U.S.
has embargoed goods, or (B) to anyone on the
U.S. Treasury Department list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By using the Website, you represent
and warrant that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
SEVERABILITY
If any provision of these terms, conditions and notices are found to be invalid
or unenforceable, that provision will be enforced to the maximum extent permissible,
and the remaining provisions with remain in full force.
ASSIGNABILITY
Any and all rights provided to Uwho herein may be assigned by Uwho without your
prior consent.
RESOLUTION OF DISPUTES
These Terms of Use shall be governed in all respects by the laws of the Commonwealth
of Virginia as they apply to agreements entered into and to be performed entirely
within Virginia between Virginia residents, without regard to conflict of law provisions.
You and Uwho agree that we will resolve any claim or controversy at law or equity
that arises out of your use of the Website (a "Claim") in accordance with one of
the subsections below or as you and we otherwise agree in writing.
Forum for Disputes - Except as otherwise agreed by the parties or as described in
the Arbitration Option paragraph below, the parties submit to the jurisdiction and
venue of the state or federal courts having jurisdiction over Virginia of any claims
or actions arising, directly or indirectly, out of or related to this Agreement
or your use of the Website. The parties stipulate that the venues referenced in
this Agreement are convenient.
Arbitration Option - For any Claim (excluding claims for injunctive or other equitable
relief) where the total amount of the award sought is less than $10,000, the party
requesting relief may elect to resolve the dispute in a cost effective manner through
binding non-appearance-based arbitration. In the event a party elects arbitration,
they shall initiate such arbitration through an established alternative dispute
resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider
and the parties must comply with the following rules: a) the arbitration shall be
conducted by telephone, online and/or be solely based on written submissions, the
specific manner shall be chosen by the party initiating the arbitration; b) the
arbitration shall not involve any personal appearance by the parties or witnesses
unless otherwise mutually agreed by the parties; and c) any judgment on the award
rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All Claims you bring against Uwho must be resolved in
accordance with this Resolution of Disputes Section. All Claims filed or brought
contrary to the Resolution of Disputes Section shall be considered improperly filed.
Should you file a claim contrary to the Resolution of Disputes Section, Uwho may
recover actual attorneys' fees and costs.
PRIVACY
See our Privacy Policy relating to the collection and
use of your information.